GenerousSolutions Terms of Use

GenerousSolutions™

Terms of Service

These terms are a legal agreement between Aligned Business Direction Ltd. (“we” or “us”) and you. You should read all the terms before indicating acceptance. These terms apply to the GenerousSolutions online platform, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using this service, you accept these terms. If you do not accept them, do not use this service. You are bound by these terms even if you do not read all the terms.

1. Definitions:

a. “Buyer” means a user that purchases event tickets, makes a donation or in any other way processes a transaction through the Online Services;

b. “Online Services” means the GenerousSolutions online platform. The term “Online Services” specifically includes any new features and tools that we may introduce from time to time under these terms, together with any content that we have uploaded or input. The term “Online Services” specifically excludes all User Content and Personal Data;

e. “User Content” means content and data (other than Personal Data) that users may generate through use of the Online Services, including event listings, business information, comments, reviews, or other content that can be input or generated by users through the Online Services;

f. “users”, “you” and “your” refer to any users of the Online Services (including Event Hosts).

2. Your Access:

At this time GenerousSolutions website is accessible without an account. When you access areas of the site without an account, you are still bound by these terms. In the future, to access and use certain tools and features of the Online Services, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.

3. Fees:

a. Buyers will pay the fees associated with the acquisition of event tickets, as set forth in the Buyer payment screen or the invoice issued by us

b. Sellers may pay the fees associated with the acquisition of event tickets, as set forth in the Buyer payment screen or the invoice issued by us.

4. Refunds:

All ticket sales, product sales and donations are final. Lost, stolen, delayed, damaged, or destroyed tickets or products will not be replaced or refunded. Unless directly asked by the seller, we will not refund or exchange purchases made on GenerousSolutions.

5. Grant of License:

Buyers have a license from us to access and use the Online Services for personal use. Sellers have a license from us to access and use the Online Services for the purpose of processing payments from Buyers. By entering into this agreement, all users grant to us a nonexclusive right and license to host, publish and retain archived back-ups of User Content and Personal Data that you input or submit to us.

6. Important Information About Our Services:

Sellers are independent contractors, and not agents or employees of ours. We are not involved in organizing, hosting or facilitating any events. Similarly, Buyers who process payments are independent from us, and are not agents or employees of ours.

We merely provide a platform for payment processing and distribution of event tickets. You must decide whether to create an account, distribute event tickets, buy event tickets, input Personal Data, or input User Content, and you accept all consequences of doing any of these activities. You must evaluate all information that you receive through the Online Services. We do not vet, confirm, pre-clear, validate or verify any Sellers, any Buyers, any events, or any User Content.

We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any use of the Online Services by Sellers, Buyers or other users.

We do not exercise any control over Sellers, Buyers or other users, or the quality, validity, accuracy, safety, or legality of Sellers or their events, their venue seating charts, ticket availability, or the truth or accuracy of any User Content. We disclaim all express or implied warranties regarding any Sellers, Buyers or User Content. You must take steps to verify the quality, validity, accuracy, safety, or legality of any Sellers, Buyers or User Content.

Any disputes between Buyers and Sellers must be settled between the participating users.

7. Termination Rights:

a. By Us: In the event you breach this agreement or any other agreement with us, we may suspend or terminate your access to the Online Services.

b. By You: You may cease use of the Online Services at any time.

c. Effect of Termination: Once your access to the Online Services are terminated, you will not have access to the contents of that associated account. You are responsible for backing-up or saving any of your User Content or Personal Data, as you wish, prior to the termination of your account. After termination, we reserve the right to delete or keep any User Content remaining on the Online Services for archive purposes. We will retain Personal Data in accordance with these terms and the Privacy Policy.

8. Personal Data:

As an authorized user, you may input certain Personal Data as part of your use of the Online Services. The Personal Data is covered by our Privacy Policy, and we claim no rights of ownership to Personal Data that is provided by you. We reserve the right to remove or correct Personal Data if we receive notice of corrections, or if any Personal Data contravenes our acceptable use standards.

9. User Content:

As an authorized user, you may input User Content as part of your use of the Online Services, as the Online Services permit. We claim no rights in User Content. You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) that such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards. You are responsible for all User Content that you generate, input. We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use standards.

10. Terms for Sellers:

Sellers who use the Online Services agree to these additional terms: We reserve the right to suspend or terminate the access to our Online Services, and delete the event listing, of any Seller who breaches a payment obligation, or whose User Content or conduct does not conform to this agreement or our standards, in our sole discretion.

11. Terms for Buyers:

Buyers who use the Online Services agree to these additional terms: We reserve the right to suspend or terminate the access to our Online Services of any Buyer who breaches a payment obligation, or whose User Content or conduct does not conform to this agreement or our standards, in our sole discretion.

12. Acceptable Use:

The Online Services may be used only for lawful authorized purposes by users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:

a. post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;

d. transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

e. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Online Services for any purpose;

f. use the output of the Online Services for any purpose other than as permitted under this agreement;

g. delete or revise any portion of our Online Services;

h. distribute, sell, lease, transfer, assign, trade, rent, publish or license the Online Services as a stand-alone service to others;

i. engage in linking or framing of any portion of our sites;

j. aggregate, scrape, harvest or duplicate any portion of our Online Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;

k. corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or

l. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.

13. Advertising Standards:

The Online Services permit Sellers to post User Content which may include event listings. In addition to the Acceptable Use standards set forth above, you must abide by acceptable advertising standards, and any acceptable advertising policy published by us from time to time. You may not advertise events which comprise any of the following:

a. Adult products and services;

b. Illegal activity

c. Illicit drugs and drug paraphernalia

d. Imitation or counterfeit goods

e. Malware and hacking

f. Nudity or sexually suggestive content

g. Online pharmacies, prescription drugs and supplements

h. Products from endangered or threatened species

i. Tobacco sales

j. Unacceptable business practices

k. Weapons and explosives

l. Weight loss products and services

m. Events that in any way that offend any advertising law or regulation (including laws prohibiting false advertising, misleading advertising and labelling, exaggerated claims, unverified health claims, bait and switch selling, or any untrue, misleading or unauthorized use of tests and testimonials).

14. Intellectual Property Rights:

You agree that the Online Services and all object and source-code, trade-marks, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. GenerousSolutions is a trademark of Aligned Business Direction Ltd. All other company names and logos displayed on our sites may be trade-marks of their respective owners.

15. Privacy:

Our personal information handling practices are governed by our Privacy Policy. By agreeing to the terms of this agreement, you agree to be bound by our Privacy Policy. We take all reasonable precautions to protect personal information according to strict industry standards.

16. Indemnity:

You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this agreement or any other agreement with us.

17. General Disclaimers:

While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Online Services. We expressly disclaim any and all liability in connection with our Online Services. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Online Services, in terms of their correctness, accuracy, reliability, or otherwise. The content in the Online Services could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, OUR ONLINE SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

18. RELEASE & LIMITATION OF LIABILITY:

IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE ONLINE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE ENTITY UNDER WHOM YOU ACCESS THE ONLINE SERVICES, OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS GREATER.

19. Jurisdiction & Applicable Law:

This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

20. Downtime:

The Online Services may experience temporary downtime as we perform routine maintenance or updates.

21. Aggregated Data:

We may collect aggregate and use data that is input by users or collected by the Online Services subject to the following: (a) All aggregated data will be anonymized and stripped of Personal Information identifiers and will not be traceable back to you; and (b) we will abide by all applicable privacy protection laws and our Privacy Policy in our handling of such aggregated data.

22. Linked Sites:

Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.

23. Changes:

Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect 15 days after posting on our site(s). Continued use of the Online Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Online Services, in whole or in part, at our sole discretion, at any time, without notice.

24. Survival:

All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement's expiry or termination for any reason. The following terms shall survive the termination of this agreement: 6, 9, 13, 15, 16, 17 and 18.

25. Miscellaneous:

You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Online Services. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.